Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.

I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.

On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!

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anzerraja

02-11 01:42 PM

PM Me.

Hi Folks,

What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.

USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95) I guess USPS is claiming 6-10 days (guess no gurantee) to india.

Other couriers seems to be $70+ (FedEx, UPS, DHL)..

Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?

Need to get docs for an interview for parents on Feb 26th in Chennai...

I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?

Regards,

USA2007

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markelli

02-26 11:34 PM

Anysia,

Hi! Do you think this rule will apply if you were to apply for H1-B extension? I'm a PT too and my H1 will expire in October. My I-140 petition was filed last December and was approved this February. So I was wondering if USCIS uses the same standard for H1-B and I-140s. Which service center did you apply to? I'm really scared of what's happening. I hope that you get thru this....

Now, that's a good idea. How about Cutting Permanent Residency Delays.

18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.

===

http://www.nytimes.com/2008/01/12/us/12citizen.html

Agency Acts to Cut Delay in Gaining Citizenship

By JULIA PRESTON Published: January 12, 2008 Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.

Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.

The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.

The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.

According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.

“It’s a problem of their own making,” William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. “We kept telling them, there is going to be a surge.”

In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.

The agency also received a deluge of other immigration petitions.

Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.

Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.

Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.

The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.

Read the people and organizations marked in bold above. They seem to be behind it. It is all about how much you can highlight the cause and lobby for it.

If we want something like this we will have to work for it too. Each one of us needs to participate it in.

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motown

10-21 10:50 PM

I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated

AC-21 Public law 106-396 might be applicable to your case. Please read the last paragraph in page 10 from the following link

Your 180 days will be completed on 9th Feb 2008. I guess, if you can make sure that your company does not revoke your I-140 till Feb, you should be good. In the mean time, you can join another compny on EAD. I read somewhere in the forums that in case of layoffs (<180 days), one should get a letter from the company that states that they are laying you off NOT that you are resigning. This letter sometimes helps if USCIS issues RFE. This is my opinion and I am not a lawyer.

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kshitijnt

06-28 05:57 PM

I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.

Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?

Sorry to be a pain. I am just trying to understand this properly. I do not intend trouble. Any replies that you guys are giving is very much appreciated.

Hi - I was in a similar situation as you: In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.

In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.

No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.

That is why US consulate is not giving visit visa to Indian youths 15-35 years of age. They know, these guys will come here and work then marry a US citizen to remain legal. So need legal entry is required, then remain illegal, without any problem, just marry a US citizen. This is giving a problem to deserving visit visa applicants.

Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.

E-Verify Amendments Still In Tact -- Keep Up the Pressure Until Final Vote Today

DEAR FRIENDS,

Please keep phoning your own U.S. Representative (even if he/she usually is pro-illegal-immigration). 202-224-3121

Do NOT make any more calls to the Rule Committee Members (unless they are from your district).

Things are looking good, but we can't be sure until the final vote occurs. Your hard work is definitely paying off.

No amendments to strip the E-Verify language out of the stimulus bill were even filed, which is a huge victory for us. However, since things can change on the Hill at any moment, it is critical that you keep calling your own U.S. Representative to tell them you support the E-Verify language in the bill and hope your Rep. will help ensure that it remains in the bill.

The final vote on the stimulus bill should happen sometime late this afternoon or early this evening.

To be clear, there is currently no amendment to strip the E-Verify language.

Please go to your Action Buffet corkboard and click on the phone note. It will provide talking points to make it easier to make the phone call. And it names your Representative and provides alternative phone numbers to call.

I ordered the Golf Tee - United colors of IV just now with the 1 to 5 business day shipping option, the second option. As I am planning to drive down Monday evening - I am hopeful that I will get it by then.

I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.

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kaisersose

07-23 09:01 AM

All,

I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

Here is my situation -

Previous Employer - EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

New Employer - EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

Question -

Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

Any "Creative" thoughts on how to approach USCIS moving forward.

Thanks in advance for your replies.

Aamchimumbai

You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.

Now all you have to do is wait for your 140 to be approved.

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thomachan72

01-21 09:57 AM

Is this predominantly affecting those on consulting jobs?

ddeka

09-17 10:54 AM

What happens once someone has entered on AP and 1 year passes..is it an overstay after a year????

No - there is nothing to do your status with AP.

GCard_Dream

03-06 05:10 PM

I just wanted to make a comment. I don't have anything against color red; in fact I like red :) . It's not the red dot that bothers me; it's the delay in the GC processing. Peace.

I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.